'Til death do us part. By Law. Unless you really screw up. - Lawyer Blog - Los Angeles Lawyer - Adam Michael Sacks, Esq.
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Thursday, March 4, 2010

'Til death do us part. By Law. Unless you really screw up.

There's something called a "No Fault" divorce. This basically means what it sounds like. A married couple can have a dissolution of the marriage without any particular evidence of wrongdoing by any party.

No adultery, no beatings, no child abuse...sometimes things just don't work. Understandable, right?

State Senate Michelle McManus of Michigan wants to put an end to No Fault divorce in Michigan. She explains that it's hurting the economy, because only couples can generate enough income to start their own businesses (there's no citation or sources to what she's saying, so who knows if that's true), and that it would have a positive impact on marriages to come. She claims the current laws allows people to be irresponsible, and cause situations where fathers get their rights to see their children revoked merely because the mother fears physical abuse when no physical abuse is apparent.

Obviously, there is an exception for every rule, but I, for one, am an advocate of the "No Fault" divorce. And here's my reasoning for it:

If a couple is going to get married, and there are going to be extremely strict rules regarding what makes them eligible for a divorce (which, according to McManus are as follows: "specific problems such as adultery, physical abuse, imprisonment, physical incompetence at time of marriage, or that a spouse had sex with an animal or dead human body.") then shouldn't there be extremely strict rules regarding marriage itself?

How do you go about testing whether someone is responsible enough or not for marriage? It's not a driver's test. Driving is the same from the beginning to the end. Cars and the rules of the road don't change throughout the course of your life (not to an extent that a person would). People, on the other hand, change. Things happen that we can't predict. Therefore, there is no way to test if two people who absolutely love each other and are devoted to one another at this point, and also happen to be extremely responsible human beings, aren't going to change or experience hardship down the line and decide this marriage isn't right for them.

Then what's the guy got to do to get out of it? Beat his wife or copulate with a horse?

Marriage and divorce are big decisions. I know this. And yes, marriage is sacred and divorce is horrible, so we want to preserve it. But life's tough. The laws governing both these actions should work for the couples, not against them.

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